Policy Manual Version 1.00

Transcription

1 Policy Manual Version 1.00 Page 1 of 79

2 TABLE OF CONTENTS 1.0 Introductions Mutual Commitment Statement Purpose of Policies Amare Global s Mission and Values Definitions Ethics Code of Ethics Constructive Criticism Becoming an Amare Global Wellness Partner or Preferred Customer Basic Principles New Wellness Partner Registration Rights Granted Identification Numbers Contract term and Renewal Business Entities One Amare Global Business per Wellness Partner Independent Business Relationship; Indemnification for Actions Actions of Household Members or Affiliated Parties Insurance Adherence to Laws and Ordinances Compliance with Applicable Income Tax Laws Recognition WELLNESS PARTNER RESPONSIBILITIES Training and Leadership Correct Addresses Maintain Accurate Information Sponsorship Cross Sponsoring Prohibition Unethical Sponsoring Prohibition Page 2 of 79

3 5.7 Solicitation for Other Companies or Products Injunctive Relief Available to the Company Realignment of All or Part of an Organization Use of Sales Aids Sales Requirements are governed by the Compensation Plan Sales Product, Business Opportunity Claims Federal Guidelines Ordering General Order Policies Bonus Buying Prohibition Repackaging Prohibited Insufficient Funds Sales Tax Obligation Return Policy Amare Customer Satisfaction Guarantee Wellness Partner Returns Currently Marketable Sales Aids Returns Retail Sales Obligations and Limitations Duty to Provide Sales Receipts Duty to Retain Sales Order Number Return of Damaged or Incorrectly Sent Products Refund Alternatives Return Process Amare Global Opportunity Presentation of the Amare Global Opportunity Adherence to the Amare Global Compensation Plan No Compensation Solely for Enrolling No Guaranteed Compensation Amare Global Compensation Plan Glossary of Terms Bonus Period Rank Qualifications: Page 3 of 79

4 10.4 Retail Commission: Personal Customer Bonus: Heart Start Bonus Me and Three Bonus Unilevel Bonuses Revenue Sharing Pools Mentor Pool Leader Pool Servant Leader Pools Go Forward Infinity Bonus Special Programs Special Bonuses and Promotions Founders Club US Market Subscribe & Save Program Refer One, Get One Product Credit Program Manipulation of Special Programs PAYMENT OF COMMISSIONS & BONUSES Bonus and Commission Qualifications Computation of Commissions and Discrepancies Inclusion in a Period s Bonus Redemption of Company Credit Adjustments to Bonuses, Commissions, and Volume for Returned Products or Wellness Partner Memberships Returned Bonus Check Fees Duty to Retain Documents Errors or Questions ADVERTISING, PROMOTIONAL MATERIAL, USE OF COMPANY NAMES AND TRADEMARKS Amare Global Intellectual Property Use of Company Names and Protected Materials Labeling, Packaging, and Displaying Products Advertising and Promotional Materials Page 4 of 79

5 13.5 Testimonial Permission Telemarketing - Limitations Faxes and - Limitations Trade show, Conventions, Public Events Internet and Third-Party Website Restrictions Other Advertising Provisions Termination and Loss of Rights INTERNATIONAL MARKETING International Marketing Policy CHANGES TO A WELLNESS PARTNER BUSINESS Modification of the Wellness Partner Agreement Upgrading a Customer to a Wellness Partner Change Sponsor or Placement for Active Wellness Partners Change of Enroller of a Wellness Partner Change Sponsor or Placement for Inactive Wellness Partners Change Organizations Sell, Assign or Delegate Ownership Separating an Amare Global Business Succession Resignation/Voluntary Termination Involuntary Termination Expiration of the Wellness Partner Agreement Effect of Cancellation or Termination PRIVACY POLICY Introduction Expectation of Privacy Employee Access to Information Restrictions on the Disclosure of Account Information PROPRIETARY INFORMATION AND TRADE SECRETS Business Reports, Lists, and Proprietary Information Obligation of Confidentiality Breach and Remedies Return of Reports Page 5 of 79

6 18.0 DISCIPLINARY SANCTIONS Imposition of Disciplinary Action - Purpose Consequences and Remedies of Breach Investigation DISPUTE RESOLUTION Reporting Policy Violation Grievances Arbitration Severability Waiver Successors and Claims Miscellaneous Governing Law Changes, Amendments, and Modifications Delays Effective Date Page 6 of 79

7 1.0 INTRODUCTIONS 1.1 Mutual Commitment Statement A. Amare Global recognizes that in order to develop a long-term and mutually rewarding relationship with its sales participants ( Wellness Partner(s) ) and Customers, Amare Global and its Wellness Partners must acknowledge and respect the true nature of the relationship and support the Customers. B. This Amare Global Policy Manual has been incorporated into and made part of the Terms and Conditions of the Wellness Partner Agreement Form. This Policy Manual, the Wellness Partner Agreement Form, the Business Application Addendum, and Amare Global Compensation Plan constitute the entire agreement ( Agreement ) between Amare Global ( Company ) and the Wellness Partner. The Agreement or any part thereof may be amended by the Company in accordance with the provisions herein. C. It is the responsibility of the Sponsoring Wellness Partner to provide the most current version of the Policy Manual and the Amare Global Compensation Plan to each applicant prior to his, her and/or its execution of a Wellness Partner Agreement. 1.2 Purpose of Policies A. Amare Global is a direct sales company that markets products and services through a network of business owners. To clearly define the relationship that exists between Wellness Partners and Amare Global, and to explicitly set a standard for acceptable business conduct, Amare Global has established this Policy Manual. B. Amare Global Wellness Partners are required to comply with: (i) all of the Terms and Conditions set forth in the Wellness Partner Agreement, which Amare Global may amend from time to time in its sole discretion; (ii) all federal, state, and/or local laws governing his, her and/or its Amare Global business; and (iii) this Policy Manual. C. Amare Global Wellness Partners must review the information in this Policy Manual carefully. Should a Wellness Partner have any questions regarding a policy or rule, the Wellness Partner is encouraged to seek an answer from their Sponsor or any other upline Wellness Partner. If further clarification is needed the Wellness Partner may contact Amare Global Customer Service. 1.3 Amare Global s Mission and Values A. Amare Global s mission is to create natural mental wellness products for a community of passionate people who desire an extraordinary life. Amare Global commits to: Page 7 of 79

8 I. Provide prompt, professional and courteous service and communications to all of its Wellness Partners and Customers; I IV. Provide the highest level of quality natural products, at fair and reasonable prices; Create natural mental wellness products that empower people to live happier and healthier lives. Provide education and knowledge to all regarding the benefits of mental wellness for all that are interested. V. Offer Wellness Partners an opportunity to grow with Amare Global with such growth guided by the principles of Servant Leadership. VI. Support, protect and defend the integrity of the Amare Global Business Opportunity. B. Amare Global will always conduct business in alignment with our core values of Love, Integrity, Service, Innovation, and Humility. These values are shared among all those we partner with from our Customers, Wellness Partners, employees and business relationships. Amare Global will live each and every value to positively change each person to: I. Live and act in accordance with Amare Global s core values whenever representing Amare Global; I IV. Conduct themselves in a professional, honest, and considerate manner with a spirit of respect and service; Celebrate the successes of all people around you and give positive recognition whenever possible; Work hard and persevere through all obstacles and challenges on your journey; V. Be uplifting and a positive influence to others to motivate and lead others on their journey; VI. Smile, laugh, and have fun. C. Wellness Partners that represent Amare Global will do so with integrity in accordance with this Policy Manual. Wellness Partners will: I. Present Amare Global Corporate and product information in an accurate and professional manner; I IV. Present the Compensation Plan and Return Policy in a complete and accurate manner; Not make exaggerated product claims or income claims; Make reasonable effort(s) to support and train other Wellness Partners and customers in their downline; Page 8 of 79

9 V. Not engage in cross-line recruiting, unhealthy competition or unethical business practices; VI. V VI Provide positive guidance and training to Wellness Partners and customers in their downline while exercising caution to avoid interference with other downlines. As such, a Wellness Partner is discouraged from providing cross-line training to a Wellness Partner or Customer in a different organization without first obtaining consent of the Wellness Partner s or Customer s upline leader; Support, protect, and defend the integrity of the Amare Global Business Opportunity; Accurately complete and submit the Wellness Partner Agreement and any requested supporting documentation in a timely manner. D. Amare Global commits to represent reliability, structure, and efficiency to ensure: I. Deliver orders promptly and accurately; I IV. Exchange or refund the purchase price of any product, service or membership as provided in our Return Policy: Pay commissions accurately and on a timely basis; Expedite orders or checks if an error or unreasonable delay occurs; V. Roll out new products and programs with Wellness Partner input and planning; VI. Implement changes in the Compensation Plan or Policy Manual that affect the Wellness Partner and Customers with input from the Wellness Partners; 2.0 DEFINITIONS ACTIVE: A Customer or Wellness Partner who has purchased Amare Global products within the past twelve months. ACTIVE WELLNESS PARTNER: One who satisfies the minimum volume requirements, as set forth in the Compensation Plan, to ensure that they are eligible to receive bonuses and commissions. AGREEMENT: The contract between Amare Global and each Wellness Partner; includes the Wellness Partner, the Amare Global Policy Manual, and the Amare Global Compensation Plan, all in their current form and as amended by Amare Global in its sole discretion. These documents are collectively referred to as the Agreement. ANNUAL MEMBERSHIP FEE: A fee that is required to be paid to the Company to renew his or her membership each year on the anniversary signup date. Page 9 of 79

10 CANCEL: The termination of a Wellness Partner s business. Cancellation may be either voluntary, involuntary, or through non-renewal. COMPENSATION PLAN: The guidelines and referenced literature for describing how Wellness Partners can generate commissions and bonuses. CUSTOMER: A Customer who purchases Amare Global products and does not engage in building a business or retailing product. This definition includes both Retail Customers and Preferred Customers. DISTRIBUTORSHIP: The ability to be a Wellness Partner and represent Amare Global, re-sell Amare Global products and services, and participate in promotions, programs specific to Wellness Partners. FRONTLINE: Customers or Wellness Partners are considered Frontline if they are placed directly below their Enroller in the Enroller s downline. LINE OF SPONSORSHIP (LOS): A report generated by Amare Global that provides critical data relating to the identities of Wellness Partners, sales information, and enrolment activity of each Wellness Partner s organization. This report contains confidential and trade secret information which is proprietary to Amare Global. ORGANIZATION: The Customers and Wellness Partners placed below a Wellness Partner. OFFICIAL AMARE GLOBAL MATERIAL: Literature, audio or video tapes, and other materials developed, printed, published, and distributed by Amare Global Wellness Partners. PLACEMENT: Your position inside your Sponsor s organization. PREFERRED CUSTOMER: A Preferred Customer is one who pays the Annual Membership Fee to be a Preferred Customer. They earn special benefits, wholesale pricing, and participate in other promotional programs. They only purchase Amare Global products and does not engage in building a business or retailing product. RECRUIT: For purposes of Amare Global s Conflict of Interest Policy, the term Recruit means the actual or attempted solicitation, or influence in any way, either directly, indirectly, or through a third party, another Amare Global Wellness Partner or Customer to enroll or participate in another multilevel marketing, network marketing, or direct sales opportunity. CURRENTLY MARKETABLE: Products shall be deemed resalable if each of the following elements is satisfied: (i) they are unopened and unused; (ii) original packaging and labelling has not been altered or damaged; (iii) they are in a condition such that it is a commercially reasonable practice within the trade to sell the merchandise at full price; and (iv) the product contains current Amare Global labelling. Any merchandise that is clearly identified at the time of sale as nonreturnable, discontinued, or as a seasonal item, shall not be resalable. Page 10 of 79

11 RETAIL CUSTOMER: A Retail Customer is one who does not pay the Annual Membership Fee to be a Preferred Customer. They only purchase Amare Global products and does not engage in building a business or retailing product. REPLICATED WEBSITE: A website provided to Wellness Partners by Amare Global for the purpose of sponsoring and selling Amare Global products and services. SPONSOR: A Wellness Partner who enrolls a Customer, Retailer, or another Wellness Partner into Amare Global, and is listed as the Sponsor on the Wellness Partner Agreement. The act of enrolling others and training them to become Wellness Partner is called sponsoring. Another term for Sponsor is Enroller. UPLINE: This term refers to the Wellness Partners above a particular Wellness Partner in a sponsorship line up to the Amare Global. It is the line of sponsors that links any particular Wellness Partner to the Amare Global. WELLNESS PARTNER: An individual who purchases product, generates retail sales and business building commissions. 3.0 ETHICS 3.1 Code of Ethics A. Amare Global expects and requires Wellness Partners to conduct themselves in accordance with the highest standards of ethical behavior and respect to all they work with. Wellness Partners will follow these ethical behaviors whenever representing Amare Global and its products. Amare Global endorses the following Code of Ethics: I. An Amare Global Wellness Partner must show fairness, tolerance, and be respectful of every person associated with Amare Global, regardless of race, gender, social class or religion, thereby fostering a positive atmosphere of teamwork, good morale and community spirit. I IV. Amare Global Wellness Partners shall give support and encouragement to all to provide a meaningful and rewarding experience with Amare Global. A Wellness Partner shall strive to resolve business issues, including situations with upline and downline Wellness Partners, by emphasizing tact, sensitivity, good will and taking care not to create additional problems. Amare Global Wellness Partners must do business in an honest, responsible, professional and conduct themselves with integrity. V. Amare Global Wellness Partners shall not make disparaging statements about Amare Global, other Wellness Partners, Amare Global employees, product suppliers or agents, Page 11 of 79

12 products, services, sales and marketing campaigns, or the Compensation Plan, or make statements that unreasonably offend, mislead or coerce others. VI. V VI IX. Wellness Partners should not act or behave in any manner that would bring disrespect or embarrassment to Amare Global, its corporate officers, employees, themselves, or other Wellness Partners. Wellness Partners must not cause loss, harm, or embarrassment to their Organization or Amare Global. They must act quickly to rectify any issues. Be truthful in representing Amare Global products and the business opportunity. Do not make disease claims or exaggerated opportunity claims. Wellness Partners will accurately represent the sales compensation plan and be honest in explaining the income. The use of a Wellness Partner s own income to communicate potential success is not allowed. Abide by all Policy Manual as they are currently found in and future revisions of this and the other Agreement documents. B. Amare Global may take appropriate action against a Wellness Partner if it determines, in its sole discretion, that a Wellness Partner s conduct is detrimental, disruptive, or injurious to Amare Global or to other Wellness Partners. 3.2 Constructive Criticism A. Amare Global desires to provide its independent Wellness Partners with the best products and services and Compensation Plan in the industry. Accordingly, Amare Global values constructive criticism and encourages the submission of written comments addressed to Amare Global Compliance Department. B. Negative and disparaging comments about Amare Global, its products or Compensation Plan, by Wellness Partners made to Amare Global, in the Field or at Amare Global meetings or events, or disruptive behavior at Amare Global meetings or events, serve no purpose other than to dampen the enthusiasm of other Amare Global Wellness Partners. Amare Global Wellness Partners must not belittle Amare Global, other Amare Global Wellness Partners, Amare Global products or services, the Compensation Plan, or Amare Global directors, officers, or employees, product suppliers or agents. Such conduct represents a material breach of this Policy Manual and may be subject to sanctions as deemed appropriate by Amare Global. 4.0 BECOMING AN AMARE GLOBAL WELLNESS PARTNER OR PREFERRED CUSTOMER 4.1 Basic Principles Page 12 of 79

13 A. The relationship between Wellness Partners and Customers are the highly cherished at Amare Global. The Company empowers Wellness Partners to share life-changing products, opportunity, and experiences with all. B. To become a Wellness Partner, an applicant must comply with the following requirements: I. Be 18 years of age (not a minor) in his or her state of residence; I Reside or have a valid address in the United States or U.S. territory; Have a valid taxpayer identification number (i.e. Social Security Number, Federal Tax ID Number, etc.); a. Submit a properly completed and signed Wellness Partner Agreement to Amare Global within 30 days of the date of the Agreement. See Wellness Partner Registration for more details; IV. Not be an Amare Global employee, the spouse of an Amare Global employee or related to an employee of Amare Global and living in the same household as such Amare Global employee; V. Pay a non-refundable Wellness Partner Annual Membership Fee. C. To become a Preferred Customer, an applicant must comply with the following requirements: I. Be 18 years of age (not a minor) in his or her state of residence; I IV. Reside or have a valid address in the United States or U.S. territory; Unique billing information, address, and phone number; Pay a non-refundable Preferred Customer Annual Membership Fee. D. A Preferred Customer may at any time become a Wellness Partner by signing and completing the Wellness Partner Agreement. 4.2 New Wellness Partner Registration A. A potential Wellness Partner may self-enroll on the Sponsor s website. In such event, instead of a physically signed Wellness Partner Agreement, Amare Global will accept the web-enrollment and Wellness Partner Agreement by accepting the electronic signature stating the new Wellness Partner has accepted the Terms and Conditions of such Wellness Partner Agreement. Please note that such electronic signature constitutes a legally binding agreement between the Wellness Partner and Amare Global. B. Amare Global reserves the right to require signed paperwork for any account, regardless of origin. Page 13 of 79

14 C. If requested, the signed Wellness Partner Agreement must be received by Amare Global within fourteen (14) days of enrollment. D. Signed documents, including, but not limited to, Wellness Partner personal agreements, are legally binding contracts which must not be altered, tampered with or changed in any manner after they have been signed. False or misleading information, forged signatures or alterations to any document, including business registration forms, made after a document has been signed may lead to sanctions, up to and including involuntary termination of the Wellness Partner s Distributorship. E. Amare Global reserves the right to approve or decline submitted Application or online sign-up. F. An incomplete, incorrect, or fraudulent Application will be deemed invalid from its inception. 4.3 Rights Granted A. Amare Global hereby grants to the Wellness Partner a non-exclusive right, based upon the Terms and Conditions contained in the Policy Manual, to: I. Purchase Amare Global products and services; I Promote and sell Amare Global products and services; and Sponsor new Wellness Partners and Customers in the United States and in countries where Amare Global may become established after the effective date of this Agreement. 4.4 Identification Numbers A. Each Wellness Partner is required to provide his or her Social Security Number, Employer Identification Number (EIN), or Federal Tax Identification Number, if located in the United States or any of its territories, to Amare Global on the Wellness Partner Agreement. Amare Global reserves the right to withhold commission payments from any Wellness Partner who fails to provide such information or who provides false information. B. Upon enrollment, Amare Global will provide an Amare Global Identification Number to the Wellness Partner. This number will be used to place orders, structure organizations, and track commissions and bonuses. 4.5 Contract term and Renewal A. The term of the Agreement for both Wellness Partners and Preferred Customers is one year from the original agreement start date. The Agreement is automatically renewed each year. Page 14 of 79

15 B. The Wellness Partner or Preferred Customer agrees to pay Annual Membership Fee on or before the anniversary date of the Agreement. The Wellness Partner or Preferred Customer authorizes the Company to automatically charge the credit card on file to renew the Agreement with the Company. C. A Wellness Partner who does not have a Downline on the renewal date may be renewed as a Preferred Customer. The Company may elect to add the Annual Membership Fee to the next product order which will effectively change the Wellness Partner to a Preferred Customer. 4.6 Business Entities A. A corporation, partnership, LLC, or trust (collectively referred to as a Business Entity ) may apply to be an Amare Global Wellness Partner. This Wellness Partner business and position will remain temporary until the proper documents are submitted. The Business Entity must submit one of the following documents: Certificate of Incorporation, Articles of Organization, Partnership Agreement or appropriate Trust documents. Amare Global must receive these documents within fourteen (14) days from the date the Wellness Partner Agreement was signed. The signup of a business entity cannot be completed online. B. An Amare Global Wellness Partner may change their status under the same Sponsor from an individual to a partnership, LLC, corporation, trust or from one type of business entity to another. C. Each Co-applicant is bound to the entire Distributorship such that the action or consent of one applies to the entire Distributorship. 4.7 One Amare Global Business per Wellness Partner A. A Wellness Partner may operate or have an ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one (1) Amare Global business. No individual may have, operate or receive compensation from more than one Amare Global businesses. Simultaneous Interests in multiple Distributorships is prohibited. B. Individuals of the same family may each enter into or have an interest in their own separate Amare Global businesses, only if each subsequent family position is placed frontline to the first family member enrolled. C. Married spouses be enrolled under one Distributorship, and cannot own a beneficial interest in a Customer account. D. An individual that is enrolled as a Customer may only convert their existing account to a Wellness Partner and shall not create a separate Agreement with Amare Global. Amare Global may take appropriate action against a Wellness Partner if it determines, in its sole discretion, that a Wellness Partner is attempting to manipulate the sales compensation plan, promotions through multiple or duplicate accounts that would damage to Amare Global. Page 15 of 79

16 4.8 Independent Business Relationship; Indemnification for Actions A. The Wellness Partner is an independent contractor, and not a purchaser of a franchise or business opportunity. Therefore, each Wellness Partner s success depends on his or her independent efforts. B. The Agreement between Amare Global and its Wellness Partners does not create an employer/employee relationship, agency, partnership, or joint venture between Amare Global and the Wellness Partner. C. A Wellness Partner shall not be treated as an employee of Amare Global for any purposes, including, without limitation, for federal or state tax purposes. All Wellness Partners are responsible for paying local, state, and federal taxes due from all compensation earned as a Wellness Partner of Amare Global. Any other compensation received by Wellness Partners from Amare Global will be governed by applicable U.S. tax laws (or the tax laws of any other applicable jurisdiction). The Wellness Partner has no express or implied authority to bind Amare Global to any obligation or to make any commitments by or on behalf of Amare Global. Each Wellness Partner, whether acting as management of a Business Entity or represented as an individual, shall establish his or her own goals, hours, and methods of operation and sale, so long as he or she complies with the Terms of the Wellness Partner Agreement, this Policy Manual and applicable state and federal laws. D. The Wellness Partner is fully responsible for all of his or her verbal and written communications made regarding Amare Global products, services, and the Compensation Plan that are not expressly contained within official Amare Global materials. Wellness Partners shall indemnify and hold harmless Amare Global, its directors, officers, employees, product suppliers and agents from any and against all liability including judgments, civil penalties, refunds, attorney fees and court costs incurred by Amare Global as a result of the Wellness Partner s unauthorized representations or actions. This Provision shall survive the termination of the Wellness Partner Agreement. E. It is prohibited for a Wellness Partner to obtain any debt, expense, obligation, or create a checking account on behalf of, for, or in the Amare Global name. F. Wellness Partners are responsible for paying all expenses they incur in the operation of their Amare Global business. These expenses include and are not limited to travel, food, lodging, office fees. As an Independent Business Owner, Wellness Partners control the manner which they operate their Amare Global business, subject to the terms and conditions of this Agreement. G. The Company does not categorize Wellness Partners as employees for reasons pertaining to state or federal taxes. Wellness Partners therefore understand and affirm that the Company will not bear the responsibility of withholding and will not withhold or deduct bonuses and commissions FICA, or any taxes, unless certain withholdings as required by law. Page 16 of 79

17 4.9 Actions of Household Members or Affiliated Parties If any member of a Wellness Partner s immediate household engages in any activity which, if performed by the Wellness Partner, would violate any provision of the Agreement, such activity will be deemed a violation by the Wellness Partner and Amare Global may take disciplinary action pursuant to this Policy Manual against the Wellness Partner. Similarly, if any individual associated in any way with a corporation, partnership, LLC, trust or other entity (collectively Business Entity ) violates the Agreement, such action(s) will be deemed a violation by the Business Entity, and Amare Global may take disciplinary action against the Business Entity. Likewise, if a Wellness Partner enrolls in Amare Global as a Business Entity, each Affiliated Party of the Business Entity shall be personally and individually bound to, and must comply with, the Terms and Conditions of the Agreement. These Affiliated Parties can not be co-applicants or beneficiaries of a separate Amare Global Distributorship Insurance A. Business Pursuits Coverage. Amare Global encourages Wellness Partners to arrange insurance coverage for their business. A homeowner s insurance policy does not cover business related injuries, or the theft of, or damage to, inventory or business equipment. Amare Global Wellness Partners need to contact their insurance agent to make certain their business property is protected. In most instances, this may be accomplished with a Business Pursuit endorsement to an existing homeowner s policy Adherence to Laws and Ordinances A. Many cities and counties have laws regulating certain home-based businesses. In most cases, these ordinances do not apply to Wellness Partners because of the nature of the business. However, Wellness Partners must check their local laws and obey the laws that do apply to them. B. An Amare Global Wellness Partner shall comply with all federal, state, and local laws and regulations in their conduct of his or her Amare Global business Compliance with Applicable Income Tax Laws A. Amare Global will automatically provide a complete 1099 Miscellaneous Income Tax form (nonemployee compensation) to each US Wellness Partner whose earnings for the year is at least $600 or who has purchased more than $5,000 of Amare Global products for resale, or who received trips, prizes or awards valued at $600 or more. If earnings and purchases are less than stated above, IRS forms will be sent only at the request of the Wellness Partner, and a minimum charge of $20 may be assessed by Amare Global. Amare Global Wellness Partners are responsible for the payment of taxes on these trips, prizes, or awards provided to them by Amare Global. Page 17 of 79

18 B. A Wellness Partner accepts sole responsibility for and agrees to pay all federal, state, and local taxes on any income generated as an independent Wellness Partner, and further agrees to indemnify Amare Global from any failure to pay such tax amounts when due. C. Wellness Partners are responsible to submit the IRS form W-9 should a Wellness Partner earn more than $600 in bonuses, commissions, or awards in a calendar year. Amare reserves the right to withhold commissions if proper documentations is not received. D. If a Wellness Partner s business is tax exempt, the Federal Tax Identification number must be provided to Amare Global in writing. E. Amare Global encourages all Wellness Partners to consult with a tax advisor for additional information for their business Recognition A. Amare Global may recognize Wellness Partners based upon criteria and requirements from time to time. Recognition may occur at selected events, conventions, publications, and magazines. The Wellness Partner s highest career Rank will typically be used for recognition if they achieved that rank at least three out of twelve of the most recent months. New rank advancements are exceptions to this condition. 5.0 WELLNESS PARTNER RESPONSIBILITIES 5.1 Training and Leadership A. To be a successful Enroller or Sponsor and leader, a Wellness Partner should perform the following responsibilities: I. Provide regular training, guidance, encouragement, and support to the Wellness Partner s Organization. I Maintain constant contact within the Wellness Partner s Organization to ensure effective communication. Examples of communication may include, but are not limited to, newsletters, written correspondence, telephone, contact, team calls, voic , e- mail, personal meetings, accompaniment of downline Wellness Partners to Amare Global meetings, training sessions and any other related functions. Motivate and train new Wellness Partners about Amare Global s products and services, effective sales techniques, the Amare Global Compensation Plan and compliance with company Policy Manual. Page 18 of 79

19 IV. Make constant effort to ensure that all Wellness Partners understand and comply with the terms and conditions of the Agreement and applicable national and local laws, ordinances, and regulations; V. Intervene in any disputes between all members of the Wellness Partner s organization to resolve the dispute quickly in the most favorable outcome to all parties; VI. V Provide training to ensure that product sales and opportunity meetings conducted by the Wellness Partner s Organization are conducted in accordance with the Agreement and in accordance with any applicable laws, ordinances, and regulations; Monitor the Wellness Partners in his or her downline organizations to ensure that downline Wellness Partners do not make improper product or business claims, or engage in any illegal or inappropriate conduct. Upon request, such Wellness Partner should be able to provide documented evidence to Amare Global of his or her ongoing fulfillment of the responsibilities of a Sponsor. B. Marketing product is a required activity in Amare Global and must be emphasized in all recruiting presentations. 5.2 Correct Addresses A. It is the responsibility of the Wellness Partner or Customer to make sure Amare Global has the correct shipping address before any orders are shipped. B. A Wellness Partner or Customer will need to allow up to thirty (30) days for processing after the notice of address change has been received by Amare Global. C. A Wellness Partner or Customer may be assessed a $20 fee for returned shipments due to an incorrect shipping address. 5.3 Maintain Accurate Information A. Wellness Partners must notify Amare Global of any changes to personal information to ensure the most current information on file. All changes to existing forms and agreements must be submitted to Amare Global. 5.4 Sponsorship A. The Enroller is the person who introduces a Wellness Partner or Customer to Amare Global, helps them complete their enrollment, and supports and trains those in their downline. B. Amare Global recognizes the Enroller as the name(s) shown on the first: I. Physically signed Amare Global Wellness Partner Agreement on file; or Page 19 of 79

20 Electronically signed Wellness Partner Agreement from a website or an Amare Global Wellness Partners replicated website. C. A Wellness Partner Agreement that contains notations such as by phone or the signatures of other individuals (i.e. Sponsors, Spouses, relatives, or friends) is not valid and will not be accepted by Amare Global. D. Amare Global recognizes that each new prospect has the right to ultimately choose his or her own Sponsor, but Amare Global will not allow Wellness Partners to engage in unethical sponsoring activities. E. All active Wellness Partners in good standing have the right to Sponsor and enroll others into Amare Global. While engaged in sponsoring activities, it is not uncommon to encounter situations when more than one Wellness Partner will approach the same prospect. It is the accepted courtesy that the new prospect will be sponsored by the first Wellness Partner who presented a comprehensive introduction to Amare Global products or business opportunity. F. A Wellness Partner is entitled to enroll or sponsor other Wellness Partners only in Markets that are approved by Amare Global. G. A Protected Prospect is a guest of any Amare Global Wellness Partner or Customer who attended an Amare Global event or conference call. For sixty (60) days following the event, a Protected Prospect cannot be solicited or sponsored by any other Amare Global Wellness Partner who attended the same event. An Amare Global event can be defined as the following: I. Any Amare Global training session; I IV. Conference call; Fly-in meeting; or Presentation, including but not limited to an Amare Global at home presentation, whether sponsored by Amare Global, a Wellness Partner, a Customer, or an agent or agency designated by Amare Global. 5.5 Cross Sponsoring Prohibition A. Cross sponsoring is defined as the enrollment into a different line of sponsorship of an individual, or Business Entity, that already has a signed Wellness Partner Agreement. Actual or attempted cross sponsoring is prohibited. If cross sponsoring is verified by Amare Global, sanctions up to and including termination of a Wellness Partner s position may be imposed. Cross sponsoring applies to all Customers, Wellness Partners that has an Agreement with Amare Global within the past six months, or if the Wellness Partner has a rank of Gold Heart Mentor within the past twelve months. Page 20 of 79

21 B. This Policy does not prohibit the transfer of an Amare Global business in accordance with Amare Global Sale or Transfer Policy set forth in these Policies. 5.6 Unethical Sponsoring Prohibition A. Unethical sponsoring activities include, but are not limited to, enticing, bidding or engaging in unhealthy competition in trying to acquire a prospect or new Wellness Partner from another Wellness Partner or influencing another Wellness Partner to transfer to a different sponsor. B. Allegations of unethical sponsoring must be reported in writing to the Amare Global Compliance Department within the first 90 days of enrollment. If the reports are substantiated, Amare Global may transfer the Wellness Partner or the Wellness Partner s downline to another sponsor, Placement or organization without approval from the current up-line Sponsor or Placement Wellness Partners. Amare Global remains the final authority in such cases. C. Amare Global prohibits the act of Stacking. Stacking is the unauthorized manipulation of the Amare Global compensation system and/or the marketing plan in order to trigger commissions or cause a promotion off a downline Wellness Partner in an unearned manner. One example of stacking occurs when a Sponsor places participants under an inactive downline without his or her knowledge in order to trigger unearned qualification for commissioning. Stacking is unethical and unacceptable behavior, and as such, it is a punishable offense with measures up to and including the termination of the independent consultant positions of all individuals and/or entities found to be directly involved. D. Should Wellness Partners engage in solicitation and/or enticement of members of another direct sales company to sell or distribute Amare Global products and services to, they bear the risk of being sued by the other direct sales company. If any lawsuit, arbitration, or mediation is brought against a Wellness Partner alleging that they engaged in inappropriate recruiting activity of another company s sales force or Customers, Amare Global will not pay any of Wellness Partner s defence costs or legal fees, nor will Amare Global indemnify the Wellness Partner for any judgment, award, or settlement. Wellness Partner is solely responsible for understanding the policies and procedures of the other direct sales company. E. The use of a Spouse s or relative s name, trade names, assumed names, DBA names, corporation, partnership, trust, Federal ID numbers, or fictitious ID numbers to evade or circumvent this or any policy identified in this Agreement is prohibited. 5.7 Solicitation for Other Companies or Products A. An Amare Global Wellness Partner may participate in other direct sales, multilevel, network marketing or relationship marketing business ventures or marketing opportunities. However, during the Term of this Agreement and for one (1) year thereafter, an Amare Global Wellness Partner may not recruit any Amare Global Wellness Partner or Customer for any other direct sales or network marketing business, unless that Wellness Partner or Customer was personally sponsored by such Wellness Partner. Page 21 of 79

22 B. The term recruit means actual or attempted solicitation, enrollment, encouragement, or effort to influence in any other way (either directly or through a third party), another Wellness Partner or Customer to enroll or participate in any direct sales or network marketing opportunity. This conduct represents recruiting even if the Wellness Partner s actions are in response to an inquiry made by another Wellness Partner or Customer. C. During the term of this Agreement and for a period of six (6) months thereafter, any Amare Global Wellness Partner must not sell, or entice others to sell, products or services in the same category as an Amare Global product or service, including training materials, to Amare Global Customers or Wellness Partners. For rank Gold Heart or higher, the period length is twelve (12) months. This provision does not apply where professional services are the primary source of revenue and the product sales are secondary (e.g., doctor s offices, clinics, health clubs, spas and beauty salons). D. However, a Wellness Partner may sell non-competing products or services to Amare Global Customers and Wellness Partners that they personally sponsored. E. A Wellness Partner may not display or bundle Amare Global products or services, in sales literature, on a website or in sales meetings, with any other products or services to avoid confusing or misleading a prospective Customer or Wellness Partner into believing there is a relationship between the Amare Global and non-amare Global products and services. F. An Amare Global Wellness Partner may not offer any non-amare Global opportunity, products or services at any Amare Global related meeting, seminar or convention, or immediately following an Amare Global event. G. A violation of any of the provisions in this section shall constitute unreasonable and unwarranted contractual interference between Amare Global and its Wellness Partners and would inflict irreparable harm on Amare Global. In such event, Amare Global may, at its sole discretion, impose any sanction it deems necessary and appropriate against such Wellness Partner or such Wellness Partner s position including termination, or seek immediate injunctive relief without the necessity of posting a bond. 5.8 Injunctive Relief Available to the Company A. Wellness Partners stipulate and agree that Unethical Sponsoring and Cross Sponsoring Prohibition and other unethical sponsoring practices defined by Amare Global s sole discretion, constitute an unreasonable and unwarranted interference with the contractual relationship between Amare Global and its Wellness Partners, and conversion of the Amare Global s property and misappropriation of Amare Global s trade secrets. B. Wellness Partners agree that any violation of this rule will cause immediate and irreparable harm on Amare Global, that the harm to Amare Global exceeds any benefit that the Wellness Partners may derive, and that Amare Global shall be entitled, in addition to any other available remedies, to immediate, temporary, preliminary and permanent injunctive relief without bond, and that such injunctive relief may go beyond the post-termination period for a maximum period of one (1) year from the last violation date of the provision. The provisions of this Section Page 22 of 79

23 will go beyond the termination date of the Agreement. Nothing listed within this document dismisses the other possible rights and remedies that Amare Global may pursue in relation to protecting its Confidential Information or other Agreement provisions against violations. C. Wellness Partners acknowledge and agree that it is strictly prohibited to appear in, be referenced in, or allow their name or comparability to be displayed or mentioned in any other direct selling company's promotional, recruitment, or solicitation material. Such behavior would be prohibited and considered Cross-Company Recruiting up to one year post-termination of the agreement. 5.9 Realignment of All or Part of an Organization A. Amare Global reserves the right to move or realign an Organization from Enrollers or Sponsors who violate the terms of this Agreement or who commit or are involved in conduct of moral improbity as determined by the Amare Global in its sole discretion. Examples of conduct of moral improbity may include but are not limited to: I. unwelcome sexual advances or communications; I failure to repay debts, bankruptcy; physical abuse, harm, and disturbance with family relationships. B. Amare Global retains its right to move or realign any Wellness Partner, even when postponing or declining in its decision making, and is under no required obligation to take any action. Amare Global will thusly extend a notice of 30 days advance to all moved or realigned Wellness Partners Use of Sales Aids A. To promote both the products and the opportunity Amare Global offers, Wellness Partners are strongly encouraged to use the sales aids and support materials produced by Amare Global. If Amare Global Wellness Partners develop their own sales aids and promotional materials, which includes Internet advertising, notwithstanding Wellness Partners good intentions, they may unintentionally violate any number of statutes or regulations affecting the Amare Global business. These violations, although they may be relatively few in number, could jeopardize the Amare Global opportunity for all Wellness Partners. Accordingly, Wellness Partners must submit all written sales aids, promotional materials, advertisements, websites and other literature to Amare Global for Amare Global s approval prior to use. Unless the Wellness Partner receives specific written approval to use the material, the request shall be deemed denied. All Wellness Partners shall safeguard and promote the good reputation of Amare Global and its products. The marketing and promotion of Amare Global, the Amare Global opportunity, the Compensation Plan, and Amare Global products and services shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices. Page 23 of 79

24 5.11 Sales Requirements are governed by the Compensation Plan A. Amare Global Wellness Partners may purchase Amare Global products and then re-sell them at any price they choose unless otherwise specified by Amare Global or by any/its product suppliers on a per product basis. Amare Global will provide suggested selling prices. There are no exclusive territories granted to anyone. No franchise fees are applicable to an Amare Global business. B. The Amare Global program is built on sales to the ultimate consumer. Amare Global encourages its Wellness Partners to only purchase inventory that they and their family will personally consume, will be used as a sales tool, or will be resold to others for their ultimate consumption. Wellness Partners must never attempt to influence any other Wellness Partner to buy more products than they can reasonably use or sell to retail Customers in a month. We emphasize and encourage all Wellness Partners to sell Amare Global s products and services to Customers. A Wellness Partner s success can come only through the systematic sale of products and the product sales of other Wellness Partners within his Organization. C. Each Amare Global Wellness Partner commits to personally use, sell, or use in business building at least 70% of every order placed with the Company prior to placing another order, and must be able to certify to such if demanded by the Company or by any regulatory agency. Purchasing product solely for the purpose of collecting bonuses or achieving rank is prohibited. Amare Global retains the right to limit the amount of purchases you may make if, in our sole judgment, we believe those purchases are being made solely for qualification purposes instead of for consumption or resale. D. Amare Global reserves the right to recover Bonuses paid if that the Bonuses have been generated on what Amare Global deems to be sales in violation of the Agreement. 6.0 SALES PRODUCT, BUSINESS OPPORTUNITY CLAIMS 6.1 Federal Guidelines A. Amare Global products fall under the nutritional guidelines forth by the U.S. Food and Drug Administration (FDA). Amare Global complies with standards defined by the FDA. B. Similarly, advertising is regulated by the Federal Trade Commission(FTC). Laws enforced by the FTC require representations made by Amare Global, or Wellness Partners, about the health benefits, performance, efficacy, safety or ingredients of Amare Global Products to be founded upon competent and reliable scientific evidence that affirms the representation being made. The scientific evidence should use procedures generally accepted by experts in the relevant scientific field. C. Wellness Partners may only represent claims approved by Amare Global. When discussing the benefits of Amare Global products, a Wellness Partner should refer to the FDA statement on Amare Global product labels: The Food and Drug Administration has not assessed the validity Page 24 of 79

25 of these statements. This product is not used with the intention of medical purposes, including but not limited to, diagnosing, treating, curing, or preventing any ailment or disease. D. A Wellness Partner shall not make any medical claims for any products, prescribe product for treatment of any ailment, as this would imply the products are drugs rather than nutritional supplements. Curative or Drug Claims shall not be made when describing Amare Global products. These products should never be compared to drug products utilized to treat specific diseases or conditions. E. No Wellness Partner should state or imply that any product is FDA approved. Individual nutritional products do not require or necessitate specific FDA approval. F. When a Wellness Partner is promoting Amare Global products or services, they must disclose the fact that the Wellness Partner is an Amare Wellness Partner who receives Bonuses and commissions from Amare Global. 7.0 ORDERING 7.1 General Order Policies A. A person is not required to purchase any products to be a Preferred Customer or Wellness Partner. B. Only Wellness Partners may resell Amare Global products. C. A Wellness Partner shall not use another Wellness Partner s or Customer s credit card or debit checking account to enroll in Amare Global or purchase products or services without the account holder s written permission. Such documentation must be kept by the Wellness Partner indefinitely in case Amare Global needs to reference this. D. Wellness Partners shall not use their own credit cards to purchase products for another Customer or Wellness Partner through an Account other than the Wellness Partner s own account. In rare occasions which it is necessary to do so, Customer or Wellness Partner, Amare Global must receive written permission from the Customer or Wellness Partner for whom the product order is being placed. Amare Global may cancel any sale that does not have written permission causing forfeiture of commissions resulting from the sale, and other disciplinary action. E. Regarding an order with an invalid or incorrect payment, Amare Global will attempt to contact the Wellness Partner by phone, mail or in order to obtain another form of payment. If these attempts are unsuccessful after ten (10) business days, the order will be canceled. F. No single purchase order can be greater than $1, Orders greater than $1, are subject to Amare Global s review and may be cancelled. Page 25 of 79

26 G. Prices are subject to change without notice. 7.2 Bonus Buying Prohibition A. Bonus Buying is strictly and absolutely prohibited. Bonus Buying includes: I. The enrollment of individuals or entities without the knowledge of and/or execution of an Agreement by such individuals or Business Entities; I IV. The fraudulent enrollment of an individual or entity as a Wellness Partner or Customer; The enrollment or attempted enrollment of non-existent individuals or Business Entities as Wellness Partners or Customers ( phantoms ); Purchasing Amare Global products or services on behalf of another Wellness Partner or Customer, or under another Wellness Partner s or Customer s ID number, to qualify for commissions or bonuses; V. Purchasing excessive amounts of products or services that cannot reasonably be used or resold in a month; and/or VI. Any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user Customers. 7.3 Repackaging Prohibited A. Customers or Wellness Partners shall not print their own labels or repackage Amare Global products. All Amare Global products must be sold in their original packaging only. B. Items within a pack of products may only be sold individually if there is a price set for that individual item. Otherwise, individual sale of items with no set wholesale price is prohibited. C. No product may be sold for less than the wholesale price set by Amare Global. D. Amare Global products may not be used or advertised with Non Amare Global products without written consent from Amare Global. The use of the Amare Global name is governed by the Policy Manual set forth in this Agreement. 7.4 Insufficient Funds A. All checks returned for insufficient funds will be re-submitted for payment. A $35 fee will be charged per transaction to the account of the Wellness Partner or Customer for all returned checks and insufficient funds. B. Any outstanding balance owed to Amare Global by a Wellness Partner or Customer of the Wellness Partner from NSF (non-sufficient funds) checks, returned check fees or insufficient Page 26 of 79

27 fund fees (ACH) will be withheld by Amare Global from a Wellness Partner s future bonus and commission payout. In addition, Amare Global reserves the right to restrict payment options of any future order to the form of Credit Card. C. All transactions involving returned checks or insufficient funds through ACH or credit card, which are not resolved in a timely manner by the Wellness Partner, constitute grounds for termination. D. If a credit card order or automatic debit is declined the first time, the Customer or Wellness Partner will be contacted for an alternate form of payment. If payment is declined a second time, the Customer or Wellness Partner may be deemed ineligible to purchase Amare Global products or services or participate in the monthly Subscribe & Save. 7.6 Sales Tax Obligation A. The Wellness Partner shall comply with all state and local taxes and regulations governing the sale of Amare Global products and services. B. Amare Global will collect and remit sales tax on Wellness Partner orders. When orders are placed with Amare Global, sales tax is prepaid based upon the suggested retail price. Amare Global will remit the sales tax to the appropriate state, Provincial and local jurisdictions. The Wellness Partner may recover the sales tax when he or she makes a sale. Amare Global Wellness Partners are responsible for any additional sales taxes due on products marked up and sold at a higher price. Taxes due for sale of product to tax exempt customers are still the responsibility of the Wellness Partner. C. Wellness Partners who prefers to collect, report, and pay their own sales Tax may do so with a Resale Tax Number obtained through their own means and sending Amare Global the proper Sales Tax Exemption form valid in the Wellness Partner s state. No orders will be exempt from pre-collected state sales tax until the proper documentation is received by Amare Global. Amare Global will be indemnified and held harmless from any liability charged to the Wellness Partner for failing to collect or remit sales tax. D. Amare Global encourages each Wellness Partner to consult with a tax advisor for additional information for his or her business. 8.0 RETURN POLICY 8.1 Amare Customer Satisfaction Guarantee A. Amare Global will accept returns from Customers under the Amare Satisfaction Guarantee when the products are purchased directly from Amare Global. A refund will be issued for one hundred percent (100%) of the amount paid less shipping which the Customer is responsible for. Amare Global will not accept product that was not purchased directly from the Company such as product purchased through 3 rd party websites or from a Wellness Partner s personal inventory. Products purchased as part of a kit or package must be returned as the entire kit. The Page 27 of 79

28 Amare Satisfaction Guarantee does not apply to Wellness Partner Returns. See the Wellness Partner Returns section below. B. If the purchase price of the returned products is greater than $75, the products must be returned to Amare Global before credit is issued. A Product Return Authorization number must be obtained from Amare Global for these returns, and the customer is responsible for paying the shipping cost on the return. C. See Return Process (section 8.4) below for return instructions. 8.2 Wellness Partner Returns A. The Amare Satisfaction Guarantee does not apply to product purchased by Wellness Partners. Wellness Partner Returns within 30 days of the order date are subject to a 30 day money back guarantee which allows for 100% refund minus shipping costs. B. Any returns greater than $500 will be billed the 10% handling fee. C. Between days from the order date, Wellness Partners returns will be accepted if the product is Currently Marketable. See section Currently Marketable below for details. Products returned between days from the order date will qualify for Amare Credit at 100% of the purchase price minus shipping cost. D. Returns after 90 days from the order date will not be eligible for a refund. E. Customers that upgrade their account to a Wellness Partner will have all prior purchases apply to the Wellness Partner Returns policy. F. Wellness Partner Returns consist of products purchased for resale or in quantities that could be construed to be greater than an individual or individual family could be reasonably expected to consume. G. The Wellness Partner is responsible for the cost of shipping the returned products to Amare Global. Amare Global will deduct from the refund the bonuses paid to the Wellness Partner on the Wellness Partner Return. The product must be returned to Amare Global prior to processing of the Refund. H. Amare Global reserves the right to recapture bonuses and volume qualification from the upline Wellness Partners who were paid those bonuses on the products returned. These claw backs will occur based on the date of the return. I. A Wellness Partner may be terminated should they return greater than $ Currently Marketable Page 28 of 79

29 A. Amare Global will accept Wellness Partner Returns if the products are deemed Currently Marketable: I. Are in good, salable condition. I IV. Are unopened, with seals and labels intact, except in the case of Enrollment Kits. The products contained in Enrollment Kits must be unopened, with seals and labels intact. Show a printed expiration date on the label (if applicable) that is three or more months after the date of return. Products for return must not be past their expiration date, if applicable, or the shelf life of the products. In the states of Georgia, Louisiana, Massachusetts and Wyoming, the products returned must be in good, salable condition. B. Amare Global may disclose products that are not considered Currently Marketable which include seasonal, discontinued, special promotional products. 8.4 Return Process A. All returns, whether by a Customer, or Wellness Partner, must be made as follows: I. Obtain Return Merchandise Authorization ( RMA ) from Amare Global by contacting Customer Service; I IV. Provide a copy of the invoice with the returned products or service. Such invoice must reference your Amare Global Partner Number, the Order number, the RMA, and include the reason for the return; Ship items to the address provided by Amare Global Customer service when you are given your RMA; Return orders must be received within 14 business days of the date the RMA was issued; V. Ship back product in manufacturer s box exactly as it was delivered. All return shipping costs must be paid for by the Customer or Wellness Partner; VI. Returns may take up to 14 business days to process. B. All returns must be shipped to Amare Global pre-paid, as Amare Global does not accept shipping collect packages. Amare Global recommends shipping returned product by UPS or FedEx with tracking and insurance as risk of loss or damage in shipping of the returned product shall be borne solely by the Customer, or Wellness Partner. If returned product is not received at Amare Global Distribution Center, it is the responsibility of the Customer, or Wellness Partner to trace the shipment and no credit will be applied. Page 29 of 79

30 C. The return of $500 or more of products accompanied by a request for a refund within a calendar year, by a Wellness Partner, may constitute grounds for involuntary termination. D. Returns without prior authorization may be rejected and not be eligible for reimbursement. In addition, the order may not be sent back to the Customer or Wellness Partner. E. Variation in the return/refund process may occur due to jurisdictions from different repurchase requirements as dictated by law. Refund policy terms may be determined by applicable laws. F. A $10 fee may be charged by Amare Global due to shipments being refused upon delivery, requiring the shipment be returned to Amare Global. 8.5 Sales Aids Returns A. Upon cancellation of the Agreement, the Wellness Partner may return all generic sales aids purchased directly from Amare Global within one (1) year from the date of cancellation for a refund if he or she is unable to sell or use the merchandise. A Wellness Partner may only return sales aids he or she personally purchased from the Company under his or her Wellness Partner Identification Number, and which are in Resalable condition. B. Amare Global may partner with 3 rd party vendors that create Sales Aids for Wellness Partners on behalf of Amare Global. Returns for Sales Aids purchased from these 3 rd party vendor will be subject to the Terms and Conditions of that vendor. C. Any custom orders of printed sales aids (i.e. business cards, brochures, etc.) whereon the Wellness Partner s contact information is imbedded or hard printed, or has been added by the Wellness Partner, are not able to be returned in resalable condition thus are nonrefundable. D. Upon Amare Global s receipt of the products and sales aids, the Wellness Partner will be reimbursed ninety percent (90%) of the net cost of the original purchase price(s), less shipping and handling charges. If the purchases were made through a credit card, the refund will be credited back to the same credit card account. The Company shall deduct from the reimbursement paid to the Wellness Partner any commissions, bonuses, rebates or other incentives received by the Wellness Partner which were associated with the merchandise that is returned. 8.6 Retail Sales Obligations and Limitations A. If a Customer that purchased a product or service directly from a Wellness Partner and is not satisfied with the product or service, the Customer may request a refund from their Wellness Partner. Wellness Partners must offer the same Amare Satisfaction Guarantee refund for the full amount paid less shipping. 8.7 Duty to Provide Sales Receipts Page 30 of 79

31 A. When conducting retail sales, it is the responsibility of the Wellness Partners to always provide customers with two copies of their retail sales receipt during the time of the sales transaction. Wellness Partners must also store an additional copy of the retail sales receipt for their personal records. B. The retail sales receipt should contain the following information: I. the items ordered; amount of sale; I customer's name; IV. address; V. telephone number; VI. date of the sale; V name of the Wellness Partner; VI business address; IX. business telephone number C. The first copy is the customer's receipt of the purchase. Should the Customer request a refund, the second copy will be signed, dated for the refund date, and returned to the Wellness Partner for processing the refund. The third copy is the Wellness Partner s receipt of the purchase. D. It is required of the Wellness Partner to store copies of all retail sales receipts in their record keeping for a minimum period of six years. In addition, the total sales tax collected must be captured on the form of retail sales receipt. 8.8 Duty to Retain Sales Order Number. A. The original sales order number must be provided at the time of the refund request for Amare Global to correctly recoup Bonuses on returned products. 8.9 Return of Damaged or Incorrectly Sent Products. A. If the customer receives damaged or incorrect products, Amare Global will exchange the returned products within fifteen (15) days of receipt. Returned products will be replaced with undamaged products whenever possible. If an exchange is not possible, Amare Global retains the right to issue the customer a credit for the exchanged product(s) total amount Refund Alternatives A. Amare Global in its discretion may determine alternative methods of refund for product returns such as: I. Amare Credit I Product Credit Bank check Page 31 of 79

32 IV. Credit card refund B. Payment procedures in the Local Market and the original payment form will determine the actual form of refund utilized. The original payor will be the only recipient of all refunds. 9.0 AMARE GLOBAL OPPORTUNITY 9.1 Presentation of the Amare Global Opportunity A. In presenting the Amare Global opportunity to potential Customers and Wellness Partners, a Wellness Partner is required to comply with the following provisions: I. A Wellness Partner shall not misquote or omit any significant material fact about the Compensation Plan. I IV. A Wellness Partner shall make it clear that the Compensation Plan is based upon sales of Amare Global products and services and upon the sponsoring of other Wellness Partners. A Wellness Partner shall make it clear that success can be achieved only through substantial independent efforts. An Amare Global Wellness Partner shall not make unauthorized income projections, claims, or guarantees while presenting or discussing the Amare Global opportunity or Compensation Plan to prospective Wellness Partners or Customers. V. A Wellness Partner may not make any claims regarding products or services of any products offered by Amare Global, except those contained in official Amare Global literature. VI. V VI A Wellness Partner may not use official Amare Global material to promote the Amare Global business opportunity in any country where Amare Global has not established a presence. In an effort to conduct best business practices, Amare Global has developed the Income Disclosure Statement ( IDS ). The Amare Global IDS is designed to convey truthful, timely, and comprehensive information regarding the income that Amare Global Wellness Partners earn. In order to accomplish this objective, a copy of the IDS must be presented to all prospective Wellness Partners. A copy of the IDS must be presented to a prospective Wellness Partner anytime the Compensation Plan is presented or discussed, or any type of income claim or earnings representation is made. Page 32 of 79

33 B. The terms income claim and/or earnings representation (collectively income claim ) include: I. statements of average earnings, I IV. statements of non-average earnings, a. Examples of statements of non-average earnings include, Our number one Wellness Partner earned over a million dollars last year or Our average ranking Wellness Partner makes five thousand per month. statements of earnings ranges, a. An example of a statement of earnings ranges is The monthly income for our higher ranking Wellness Partners is ten thousand dollars on the low end to thirty thousand dollars a month on the high end. income testimonials, V. lifestyle claims, and VI. hypothetical claims. 9.2 Adherence to the Amare Global Compensation Plan A. A Wellness Partner must adhere to the Terms of the Amare Global Compensation Plan as set forth in this Policy Manual as well as in official Amare Global literature. Deviation from the Compensation Plan is prohibited. B. A Wellness Partner shall not offer the Amare Global opportunity through, or in combination with, any other system, program, or method of marketing other than that specifically set forth in official Amare Global literature. C. A Wellness Partner shall not require or encourage a current or prospective Customer or Wellness Partner to participate in Amare Global in any manner that varies from the Compensation Plan as set forth in official Amare Global literature. D. A Wellness Partner shall not require or encourage a current or prospective Customer or Wellness Partner to make a purchase from or payment to any individual or other entity as a condition to participating in the Amare Global Compensation Plan, other than such purchases or payments required to naturally build their business. 9.3 No Compensation Solely for Enrolling A. The Amare Global Compensation Plan is designed to reward product sales only. Wellness Partners receive no compensation for enrolling or sponsoring other Wellness Partners. Page 33 of 79

34 9.4 No Guaranteed Compensation A. The compensation that is earned by Wellness Partners will vary significantly from Wellness Partner to Wellness Partner. Many factors will determine a Wellness Partner s success that may not be consistent or duplicatable. Success will consistently be based on the effort of each Wellness Partner. Generating considerable compensation requires time, effort, and commitment. There are no guarantees to financial success or assurance of any level of profit. Many Wellness Partners may never qualify to receive bonuses AMARE GLOBAL COMPENSATION PLAN A. The Amare Compensation Program is designed to help accelerate Wellness Partners success so they can begin earning enough money to pay for product and begin generating a profit quickly. As Wellness Partners advance through the ranks, income will increase and so will the opportunity to mentor other Wellness Partners and help them do the same. Amare Global s top ranks are called Servant Leaders because where much is given, much is expected. As a Servant Leader, Wellness Partners will have both the money and the time to create social change and awareness around mental wellness. B. Wellness Partners are not required to purchase products or be on Subscribe & Save in order to earn bonuses or commissions Glossary of Terms User Types: There are three (3) User Types (also referred to as customer types): I. Distributor (Wellness Partner) Preferred Customer I Retail Customer Distributor: This User type is referenced as Distributor for the purposes of the Compensation Plan. However, they are also known as Wellness Partners. Account Status: There are multiple Account Statuses (may be adjusted as needed): I. Active (can earn bonuses/commissions) Suspended (commissions calculated but are held) I Terminated (cannot earn bonuses/commissions) Highest Rank: The highest rank a Distributor has obtained in the last twelve months. This rank will typically be used for recognition purposes (section 4.13). Clawback: The process of recapturing incentives (i.e., bonuses, commissions, etc.) that were paid to Distributors. A clawback is triggered when an order (that has had bonuses/commissions paid on it) is returned. Downline: There are two (2) downline organization: Page 34 of 79

35 I. Enroller Tree Downline: All first-level (i.e., front-line) Distributors, Preferred Customers and Retail Customers and their first-level Distributors, Preferred Customers and Retail Customers, and so on, until the end of the Enroller Tree is reached. Placement Tree Downline: Consist of Distributors that are placed according to the Placement Sponsor relationship. This tree is used for Unilevel purposes. Effective Period: The date or commission period in which a rank achievement is effective. Bonus Period: A Bonus period represents the begin and end date for which qualifications, bonuses, and commissions are paid. There are three types of bonus periods: I. Weekly: Occurs from Monday 12:00 AM PST to Sunday 11:59 PM PST Monthly: Occurs from 1 st of the month 12:00 AM PST to the last day of the month 11:59 PM PST. I Annually: Occurs from January 1 st of the year 12:00 AM PST to December 31 st of the year 11:59 PM PST Enroller: A Distributor that introduces and signs up a Distributor, Preferred Customer or Retail Customer. An Enroller is the first upline Distributor of any given Distributor, Preferred Customer or Retail Customer in the Enroller Tree. Sponsor: The Unilevel Sponsor for a Distributor is called the Placement Sponsor. This determines the placement within the Placement tree and impacts the Unilevel bonus and Organization Volume (OV) calculation. Paid Rank: The rank at which a Distributor qualifies and is paid within a specific commission period. Paid Rank is determined on a monthly basis. Price Types: There are two (2) Price Types: I. Retail Price Wholesale Price Leg: A new leg is when you personally enroll a new Wellness Partner. Rank: A title assigned to a Distributor that is based on the Distributor performance. There are two (2) types of Rank: I. Highest Rank (Achieved Rank) Paid Rank Personal Volume (PV): A distributor s PV is the sum of Personal Volume (PV) from: I. The distributor s personal transactions. The distributor s personally enrolled Preferred Customer transactions. I The distributor s personally enrolled Retail Customer transactions. PV is assigned to products sold by Amare Global. Organizational Volume (OV): A distributor s OV is the sum of the distributor s own PV (which is based on QV) and the PV from all downline distributors in the Unilevel Tree. I. A distributor s OV includes include their own PV. Page 35 of 79

36 Personal Team Volume (PTV): A distributor s PTV is the sum of the distributor s own PV (which is based on QV) and the PV from their personally enrolled distributors. I. A distributor s PTV includes the distributor s own PV. The Enroller Tree is used to calculate PTV. Personal Customer Bonus Points (PVBP): A distributor s PVBP is the sum of the distributor s own PV (up to 500 PV) and the PV from their personally enrolled Preferred Customers and Retail Customers. I. PVBP is used to calculate the percentage used for paying the Personal Customer Bonus. A distributor s PVBP includes the distributor s own PV (capped at 500 PV). I The amount of PV from personal customers is not capped. IV. The Enroller Tree is used to calculate PTV. Commissionable Order: An order that is assigned QV, CV, and PV that is used to determine qualification and bonus payout. These orders are paid for by Customers or Wellness Partners. Qualified Leg: A Distributor has a Qualified Leg when a designated Rank is reached by any Distributor within an organization in their enroller tree. Personally Enrolled Leg: A Distributor has a Personally Enrolled Leg when a designated Rank is reached by a personally enrolled distributor on the first level of a Wellness Partner s enroller tree. Organization: The entire downline of a Wellness Partner Bonus Period A. The Amare Compensation Plan contains the following bonuses in each Bonus Period: BONUS TYPE MONTHLY WEEKLY ANNUALLY RETAIL COMMISSION HEART START BONUS (WEEKLY) HEART START BONUS (MONTHLY) PERSONAL CUSTOMER BONUS ME AND THREE PERSONAL BONUS ME AND THREE TEAM BONUS UNILEVEL BONUS SERVANT LEADER GO FORWARD INFINITY BONUS 4 HEART SERVANT LEADER GO FORWARD INFINITY BONUS 5 HEART SERVANT LEADER GO FORWARD INFINITY BONUS MENTOR BONUS POOL X X X X X X X X X X X Page 36 of 79

37 LEADER BONUS POOL SERVANT LEADER BONUS POOL 4-HEART SERVANT LEADER BONUS POOL 5-HEART SERVANT LEADER BONUS POOL X X X X 10.3 Rank Qualifications: A. There are 13 ranks to achieve in the Amare Global Compensation plan. Rank qualifications are determined at the end of the Monthly Bonus Period and qualify the Wellness Partners for bonuses for the month they are paid as such rank. The rank requirements are listed below: B. To achieve a new rank, the Wellness Partner must meet the requirements of the new rank set forth. Paid As ranks are reset at the beginning of each bonus period. Career ranks are saved and identifies the highest rank the Wellness Partner has achieved. Each rank has a minimum monthly requirement of PV, OV, and Legs Needed. C. For a Leg to qualify for rank advancement, there must be a Wellness Partner within that Leg that meets the rank requirements to classify the Leg for that rank. For example, for a Wellness Partner to have a Platinum Mentor Leg, one Wellness Partner in that Leg s organization must have a Paid As rank of Platinum Mentor or above. D. Personally Enrolled Legs are an additional requirement to achieve the following Leader ranks: I. Leader Four Bronze Legs (Two must be Personally Enrolled Legs) Senior Leader Four Silver Legs (Two must be Personally Enrolled Legs) Page 37 of 79

38 I Executive Leader Five Silver Legs (Two must be Personally Enrolled Legs) IV. Servant Leader Six Silver Mentor Legs (Three must be Personally Enrolled Legs) V. Four Heart Servant Leader Six Gold Mentor Legs (Three must be Personally Enrolled Legs) VI. Five Heart Servant Leader Six Platinum Legs (Three must be Personally Enrolled Legs) E. Achieving higher ranks corresponds to gaining access to additional bonuses and commissions identified in this section Retail Commission: A. Amare Global s Wellness Partners buy Amare products at wholesale prices for their own personal consumption or to resell to customers. Purchases made by Retail Customers will have the difference from Retail price and Wholesale price paid directly to the Enroller. This is generally around 25% above wholesale prices Personal Customer Bonus: A. The Personal Customer Bonus is a primary way you can earn commissions on the purchase of products from your personally enrolled customers. Each month the volume from your own personal product purchases (up to 500 PV) plus the volume from the purchases of your personally enrolled customers is combined. When that combined total reaches certain volume amounts, you are paid between 5%-15% in Personal Customer Volume Bonus. B. Even though only 500 PV of a Wellness Partner s personal purchases will count towards the volume tiers, Wellness Partners will be paid the bonus on their entire PV. C. Personal Customer Bonus is not paid on any order that paid on the Heart Start Bonus Heart Start Bonus A. All Wellness Partners and Customers will have a Heart Start Period which starts from the enrollment date to sixty (60) days from the enrollment date. During this period, the Enroller, and their upline, will earn a Heart Start Bonus on all orders generated by the new Enrollee. Page 38 of 79

39 B. The Heart Start bonus is paid weekly and monthly to the new Wellness Partner s first, second, and third level upline Enrollers. The first upline level Enroller receives 20%, the second level upline Enroller receives 10%, and the third level upline Enroller receives 5%. C. To earn the Heart Start bonus during the weekly bonus period, the Wellness Partner must be Active for the current month prior to the weekly bonus period or Active for the prior month. D. If a Wellness Partner is inactive for the weekly bonus period for which they could have qualified for a Heart Start bonus, they will not be paid the weekly bonus. However, should the Wellness Partner become Active for the monthly bonus period, they will receive a True Up which will pay the Wellness Partner all unpaid Heart Start weekly bonuses that occurred within the qualifying month. E. Unilevel bonuses and Personal Customer bonuses are not paid on orders generated by Customers or Wellness Partners in a Heart Start Period Me and Three Bonus A. The Me and Three Bonus is paid monthly and is built around the primary method of operation enroll 3 Wellness Partners or Customers and then teach each of them to enroll 3 more! Wellness Partners must be Active and have 600 PTV for the month to earn this bonus. B. You earn a $135 bonus when you personally enroll three Customers or Wellness Partners that are on Subscribe & Save with at least 100 PV that month. Page 39 of 79

40 C. You will earn an ADDITIONAL $250 bonus when you have three Wellness Partners which you personally enrolled earn their own Me and Three Bonus Unilevel Bonuses A. The Unilevel Bonus is a monthly bonus paid based on the Wellness Partner s organizational structure. The monthly Paid As Rank of the Wellness Partner will determine how deep in their organization that they will earn a Unilevel Bonus on. Page 40 of 79

41 B. Levels are represented by a Customer or Wellness Partner placed directly below another person in the organization from the Placement Tree. In order to meet the conditions for this bonus, all requirements for the Paid As Rank must be achieved during the monthly bonus period. C. In order to help maximize the Unilevel bonus and allow Wellness Partners to be paid on levels beyond the levels defined by their Paid As Rank, Compression is used to accomplish this goal. Compression occurs when a Wellness Partner is Inactive, causing the Unilevel bonus to roll up and identify the next Active Wellness Partner on the higher level. The Unilevel Bonus will be paid to the identified Active Wellness Partner if they are eligible for the Unilevel Bonus according to the Paid As Rank Revenue Sharing Pools A. In true partnership, Amare Global believes in sharing in the success of the company revenues with those Mentors, Leaders and Servant Leaders who truly share in our mission. Amare Global s Revenue Bonus Pools are most easily understood if you literally think of them as swimming pools. There are five total pools to swim in. Only certain people get to swim in each pool, based on their rank. The pools are designed to reward the collective success of all Wellness Partners. The better everyone does together, the better the pools get and the more rewards everyone experiences. The Revenue Bonus Pools are earned and paid each month. B. Revenue Sharing Pools collectively represent seven (7%) of Amare Global s commissionable volume each month. Each pool will have a different share value associated to the shares of that pool. To determine the pool s share value, multiply Amare Global s commissionable volume each month by the percentage assigned to the pool. Then divide that number by the total shares generated for the month for that pool. Shares do not accumulate from month to month and are reset for each monthly bonus period Mentor Pool A. Each Silver Heart Mentor earns one share in the Mentor Pool. Each Gold Heart Mentor earns three shares in the Mentor pool. Finally, each Platinum Heart Mentor earns five shares in the Mentor pool. B. A Wellness Partner can also earn additional shares in the Mentor pool for every new personally enrolled Wellness Partner that achieves the rank of Three Heart Partner for the first time ever during the period bonus month. Page 41 of 79

42 Leader Pool A. Each Leader earns one share in the Leader Pool. Each Senior Leader earns three shares in the Leader pool. Each Executive Leader earns five shares in the Leader pool. Each Servant Leader earns seven shares in the Leader pool. Each Four Heart Servant Leader earns nine shares in the Leader pool. Each Five Heart Servant Leader earns eleven shares in the Leader pool. B. A Wellness Partner can also earn additional shares in the Leader pool for every new personally enrolled Wellness Partner that achieves the rank of Silver Heart Mentor for the first time ever during the period bonus month. Page 42 of 79

43 Servant Leader Pools A. The Servant Leader pools are special pools that only consist of one rank per pool compared to the Mentor and Leader pools that consist of multiple ranks. Each Wellness Partner will receive three shares for meeting the Servant Leader ranks that qualify them for that rank s pool. B. A Wellness Partner can also earn additional shares in the Servant Leader pools for every new personally enrolled Wellness Partner that achieves the rank of Gold Heart Mentor for the first time ever during the period bonus month. Page 43 of 79

44 10.10 Go Forward Infinity Bonus A. Amare Global s Infinity Bonuses are innovative and continue to fuel the purpose and drive of our most successful Wellness Partners. All Infinity Bonuses are paid in addition to all other commissions provided in our Compensation Plan! When a Wellness Partner reaches the Servant Leader Rank, they begin to earn infinity bonuses on all new legs and the organizations that start from those legs from the date the rank is achieved, paid to unlimited depth! Servant Leader Codes are used to identify which Servant Leader is coded to the new legs and organizations. B. Every Wellness Partner will have a Servant Leader Code, Four Heart Servant Leader Code, and Five Heart Servant Leader Code. Collectively these will be known as the Servant Leader Codes. C. Servant Leader Codes are added to every new Wellness Partner and Customer when their account is created. Each code assigned is determined by two factors: I. If the Enroller is a Servant Leader, assign the new Wellness Partner to the Servant Leader Code that represents the Enroller. Page 44 of 79

45 I IV. If the Enroller is not a Servant Leader, assign the new Wellness Partner the same Servant Leader Code that is assigned to the Enroller. If the Enroller is a Four Heart Servant Leader, assign the new Wellness Partner to the Four Heart Servant Leader Code that represents the Enroller. If the Enroller is not a Four Heart Servant Leader, assign the new Wellness Partner the same Four Heart Servant Leader Code that is assigned to the Enroller. V. If the Enroller is a Five Heart Servant Leader, assign the new Wellness Partner to the Five Heart Servant Leader Code that represents the Enroller. VI. If the Enroller is not a Five Heart Servant Leader, assign the new Wellness Partner the same Five Heart Servant Leader Code that is assigned to the Enroller. D. Wellness Partners that achieve the Servant Leader ranks, Four Heart Servant Leader ranks, and Five Hear Servant Leader ranks during the bonus period will have all new Wellness Partners that they enroll in the next month coded to them accordingly. For example, if Bob Smith achieved the rank of Servant Leader for September, all new personally enrolled Customers or Wellness Partners in October and beyond will be coded to Bob Smith. E. Once a Wellness Partner reaches the Servant Leader Ranks, new Wellness Partners and Customers will be coded to them regardless if the Wellness Partner maintains their Paid As rank of Servant Leader and above. F. Once a Wellness Partner or Customer is coded, the code will not be changed. Amare Global maintains sole discretion to make any modifications deemed necessary to a Wellness Partner or Customer s code. Page 45 of 79